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(영문) 서울중앙지방법원 2019.01.10 2017가합566841
관리행위 중지 및 건물인도 등 청구의 소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant Intervenor is a management body comprised of all sectional owners of the instant building pursuant to Article 23 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”) with respect to the Ctel, which is an aggregate building located in Ansan-si (hereinafter “instant building”) during the period of Ansan-si, and the Defendant is a management service entity that entered into a service contract for the management of the instant building with the Defendant’s Intervenor and the term of the contract from July 1, 2015 to June 30, 2017.

B. On January 2017, E, the sectional owners of the instant building, and 158 others, were requested to convene a temporary management body meeting by the Suwon District Court Branch of the Suwon District Court (Seoul District Court Branch of 2017Bhap1001). On March 20, 2017, the above court decided to grant permission to convene a temporary management body meeting from the above court to the effect that “the appointment of the representative of the management body and the appointment of the representative of the management body shall be permitted to convene a temporary management body meeting of the Defendant’s assistant intervenor for the purpose of meeting.”

C. Accordingly, around March 22, 2017, E sent a muster notice to the effect that the extraordinary meeting of the management body is held on April 1, 2017 with the address registered in the register of the sectional owners of the instant building as the case of dismissal of the representative of the management body, and the case of appointment of the representative of the management body, etc.,” and posted a public notice of holding the extraordinary meeting of the management body within the instant building.

At the management body meeting held in accordance with the above notification for convening the above notification (hereinafter referred to as the "management body meeting of this case"), 242 of the 409 sectional owners of the building of this case [including 59.16% of the total sectional owners and 241 of the letter of delegation submission (including 411 sectional owners at the time of the receipt of the letter of delegation of this case), but thereafter, H and I have completed the registration of ownership transfer with H and I holding other existing units in relation to F and F, and the above H and I did not prepare the power of delegation in relation to the sections of each unit.

[] The total area of 16,473.78 square meters among the total area of exclusive ownership is 28,904.08 square meters.

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